Terms of Service

§ 1 Scope of Application

(1) These General Terms and Conditions apply to all business relationships between H7 hontechnik GmbH, Fürth, and its customers in the respective version valid at the time of conclusion of the contract, insofar as they relate to business transactions that are processed electronically, by telephone or in writing.

(2) These General Terms and Conditions shall apply exclusively, and any terms and conditions of the customer that conflict with or deviate from our Terms and Conditions shall be contradicted, unless H7 hontechnik has agreed to them in writing in the individual case.

§ 2 Conclusion of the contract

(1) The description of our range of goods on the Internet, catalogues or brochures serves only to inform the customer. This is not an offer to conclude a contract within the meaning of Section 145 of the German Civil Code. Contractual obligations, for example in the sense of a delivery guarantee, do not yet arise for H7 hontechnik.

(2) By sending an order to H7 hontechnik, the customer submits an offer to conclude a contract. The customer will receive a corresponding confirmation of receipt by e-mail or similar means. If individual information about the assortment on the website or other sources is incorrect, H7 hontechnik will point this out to the customer separately after receipt of the order and submit a corresponding counteroffer.

(3) The contract with H7 hontechnik is concluded when H7 hontechnik accepts this offer. Acceptance is subject to the proviso that the goods are actually available. A separate declaration of acceptance by H7 hontechnik to the customer is no longer required. If H7 hontechnik is unable to accept the customer's offer, the customer will be informed of this in electronic or similar form

§ 3 Delivery of the ordered goods

(1) H7 hontechnik will deliver the ordered goods as soon as possible to the address specified by the customer in the order. H7 hontechnik is entitled to partial deliveries.

(2) H7 hontechnik shall charge the costs for the individual deliveries to the customer in the amount stated in each case. All risks and dangers of shipment are transferred to the customer as soon as the goods are handed over by H7 hontechnik to the commissioned transport company.

(3) Information on delivery times is non-binding, unless H7 hontechnik has given the customer a written promise in individual cases.

§ 4 Transfer of Risk

The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, or in the case of consignment purchases, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. In the event of significant deterioration or loss of the goods, the customer shall compensate H7 hontechnik for the corresponding depreciation or loss. If the customer has already paid the purchase price, H7 hontechnik is entitled to deduct the depreciation from the repayment amount.

§ 5 Retention of Title

We reserve title to the delivered item until full payment of all claims arising from the delivery contract. If the buyer behaves in breach of contract, we are entitled to take back the purchased item.

As long as ownership has not yet passed to the buyer, he is obliged to treat the purchased item with care. If maintenance and inspection work has to be carried out, the buyer must carry it out in good time at his own expense. As long as the title has not yet been transferred, the buyer must notify us immediately in writing if the delivered item is seized or exposed to other interference by third parties. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of a lawsuit pursuant to Section 771 of the Code of Civil Procedure, the buyer shall be liable for the loss incurred by us.

§ 6 Due Date and Payment of the Purchase Price

(1) Unless otherwise agreed, the purchase price is due upon conclusion of the contract.

(2) Payment is made either by invoice, PayPal, advance payment or cash on delivery. For new customers and for orders with a value of more than 1000 €, H7 hontechnik is entitled to demand a deposit of 50% or to demand payment in advance. In this case, the customer will receive a separate notification after the order has been placed.

(3) If the customer is in default, H7 hontechnik is entitled to demand default interest in the amount of 8 % points above the base interest rate.

(4) The customer is only entitled to offset if his counterclaims are undisputed or legally established.

§ 7 Warranty for any defects

(1) H7 hontechnik shall be liable for defects present at the time of delivery of the goods during a warranty period of one year. Used items are excluded from the warranty.

(2) The customer must immediately inspect the delivered goods for quality and quantity deviations and notify H7 hontechnik in writing of any defects that are recognizable within a period of one week from receipt of the goods. Otherwise, the assertion of the warranty claim is excluded. Hidden defects must be reported in writing within a period of one week from discovery. The customer bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time of the determination of the defect and for the timeliness of the notice of defects.

(3) H7 hontechnik shall initially provide warranty for defects in the goods at its discretion by means of repair or replacement delivery.

§ 8 Liability

In the case of slightly negligent breaches of duty, even if carried out by vicarious agents, liability is limited to the foreseeable, contract-typical, direct average damage. In the event of slightly negligent breaches of duty of duties that are not essential to the contract and which do not jeopardise the performance of the contract, liability does not apply. This does not apply to claims of the customer arising from product liability and warranty. Furthermore, this does not apply to damages from bodily injury and damage to health attributable to H7 hontechnik or in the event of loss of life of the customer.

§ 9 Data protection

All data of our customers is treated confidentially. The storage and processing of this data takes place exclusively to the extent approved by the customer and in strict compliance with legal provisions, such as the Federal Data Protection Act or the Information and Communication Services Act. A disclosure of this data to third parties who are not related to this performance of the contract is excluded. H7 hontechnik is entitled to transmit personal data to SCHUFA or other credit agencies. Please also see our separate privacy policy in this context.

§ 10 Final Provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of performance and jurisdiction is Fürth, Bavaria.

(2) The invalidity of individual provisions shall not affect the remaining validity of the contract and these General Terms and Conditions.